Maine Cannabis Laws and Regulations

Maine is the nation’s 9th least populated state. Settled on the northern end of the East Coast, The Pine Tree State is bordered by New Hampshire, the Atlantic Ocean, and Quebec and New Brunswick in Canada. Maine is well known for its delicious seafood and beautiful coastline and mountains.

The drive through Park Loop Road in Acadia National park is a breath of fresh air for nature lovers. And Santa Monica Pier and Old Orchard Beach are must see destinations for residents and tourists looking for a day at the beach.

Maine has taken a progressive stance on cannabis legalization efforts, especially when compared to other states on the East Coast. Maine was one of the first states after California to pass medical marijuana in 1999, with Question 2 winning 62% of the vote. And in 2016, adult-use cannabis laws were passed under the Marijuana Legalization Act.

As of October 2023, the state of Maine has 215 active adult-use store licenses, according to the Office of Cannabis Policy. Maine dispensaries saw huge sales revenue from adult-use cannabis in 2021, topping more than $80 million. Adult-use cannabis sales in Maine have continued to grow rapidly, bringing in over $18 million in the first two months of 2022.

Is Weed Legal in Maine?

YES. Adults aged 21 and over can legally consume marijuana for medicinal or recreational use in the state of Maine.

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Weed Legalization in Maine

Marijuana use and possession in Maine was initially prohibited in 1913, and it wasn’t until 1979 that the state finally decriminalized small amounts of cannabis possession. Maine was the fourth state to legalize medical marijuana in November 1999 when voters passed Question 2, winning 62% of the vote.

Lawmakers have spent the last two decades revising and expanding the program. The 1999 legislation had no legal distribution mechanism set up. So while medical cannabis was legal, patients had no means by which to obtain their medication. In 2009, residents got the chance to vote again on medical marijuana legislation, compelling the Maine Medical Use of Marijuana Program (MMMP) to implement the Maine Medical Use of Marijuana Act in 2010. In 2011, Maine's medical marijuana dispensaries officially opened their doors and began operating. And in 2015 the state removed limitations on the type of qualifying conditions for which patients can be certified for medical cannabis by their physician.

(Source: 4035 (maine.gov))

Adult-use cannabis sales in Maine were finally legalized with the 2016 Marijuana Legalization Act. Unfortunately, due to the COVID-19 pandemic, the opening of adult-use cannabis dispensaries was delayed until October 9th, 2020.

As of 2023, the consumption of cannabis is legal for medicinal and recreational use in the state of Maine.

Buying Legal Cannabis in Maine

Adults aged 21 and above can purchase cannabis from state-licensed dispensaries. At this time, dispensaries without a dual license type cannot sell adult-use cannabis and medical marijuana from the same facility.

Individuals from out-of-state who possess a valid state-issued medical marijuana card and whose state allows reciprocity for Maine medical marijuana patients may purchase medical cannabis from a registered caregiver or medical dispensary. These states include: Alaska, Arizona, Arkansas, California, Connecticut, Florida, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Oklahoma, Oregon, Rhode Island, Utah, Virginia, Vermont, Washington, Washington, DC.

Individuals under 18 must have a parent or legal guardian serve as a caregiver to obtain medical cannabis in Maine.

The state levies a 10% sales tax on adult-use marijuana purchases, as well as an excise tax according to the weight or quantity of the product. Medical marijuana patients in Maine are exempt from the state excise tax of 10% but are subject to a 5.5% general sales tax rate (or 8% for edibles).

The excise taxes collected for recreational marijuana sales shall be deposited into the General Fund, minus 12% to be transferred to the Adult Use Marijuana Public Health and Safety Fund. No more than 50% of taxes collected may be spent on public health and safety awareness and education programs or enhanced law enforcement training programs.

Is Cannabis Delivery Available in Maine?

YES, delivery is allowed for both adult use and medicinal purposes in the state of Maine. Formerly, delivery was only allowed for patients, but the law was recently updated to allow adult use delivery as well. Maine residents who live in towns that don't allow adult use retail storefronts can still receive delivery at their private residence so long as they don't live in a drug free zone.

Where Can You Legally Use Weed in Maine?

Cannabis can be legally used in the following areas in Maine:

🗹 Private properties such as residences

Cannabis CANNOT be consumed in:

X Public spaces

X Businesses that lack a license for commercial cannabis consumption

X Motorized vehicles in motion, for both driver and passengers

Licensing for cannabis consumption lounges was expected to begin in 2023, giving consumers another legal location to enjoy their cannabis products, but there is little progress as of this writing.

What are the Restrictions on Cannabis Possession in Maine?

Adults aged 21 and above may purchase and possess up to:

Cannabis: 2.5 ounces / 70.8 grams
Cannabis concentrates: 5 grams

Individuals may not use, possess, or transport more than 2.5 ounces of a combination of marijuana and marijuana concentrate.

For transfer to another adult:

Cannabis: 2.5 ounces / 70.8 grams
Cannabis concentrates: 5 grams

For the state’s home cultivation program:

Maximum # of mature plants: 3 plants
Maximum # of immature plants: 12 plants

Individual municipalities can place further restrictions on the cultivation of marijuana at home but can’t prohibit it.

For medicinal use:

Cannabis flower: 2.5 ounces / 70.8 grams
Maximum # of mature plants: 6 plants
Maximum # of immature plants: 12 plants

Patients can possess up to 8 lbs of their own harvested marijuana at home.

Registered medical cannabis caregivers in Maine can grow up to 30 mature plants and have up to 60 immature plants depending on how many plants they registered to grow.

During vehicular transportation:

Cannabis may either be in a sealed container, or
Stored in the trunk of the vehicle